Fishell
Fishell v. Nationwide Mutual Ins. Co.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 AMY FISHELL and JUSTIN FISHELL, No. 2:23-cv-00027-DJC-DB Plaintiffs, v. ORDER
NATIONWIDE MUTUAL INS. CO. and
AMCO INS. CO.,
15 Defendants. 16 Plaintiffs Amy and Justin Fishell (“Plaintiffs”) were unfortunate victims of the Paradise, California Camp Fire in 2018. Plaintiffs had to relocate after their home was destroyed by the fire and incurred additional expenses resulting from additional travel. Plaintiffs were insured by AMCO Insurance Company (“AMCO”), a subsidiary of Nationwide Mutual Insurance Company (“Nationwide”) (collectively “Defendants”). While Plaintiffs do not deny that they were reimbursed by Defendants for this additional travel, Plaintiffs claim they were reimbursed improperly under the Internal Revenue Service (“IRS”) standard mileage rate for medical and moving expenses, and should have instead been reimbursed under the IRS standard rate for business use. Plaintiffs allege that the failure to use the business rate, which covers…